tag:blogger.com,1999:blog-32542246.post4035677696041986719..comments2024-02-24T05:19:10.949-05:00Comments on Durham-in-Wonderland: The Nifong Responsekcjohnson9http://www.blogger.com/profile/09625813296986996867noreply@blogger.comBlogger75125tag:blogger.com,1999:blog-32542246.post-78569706285342298892007-03-02T23:02:00.000-05:002007-03-02T23:02:00.000-05:00Cities are going to need to rent the stadium to ho...Cities are going to need to rent the stadium to hold all the people at Kc's book signing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-47239436247026019652007-03-01T23:45:00.000-05:002007-03-01T23:45:00.000-05:00JLS says.....re: hmanHow hard was it to predict th...JLS says.....<BR/><BR/>re: hman<BR/><BR/><I>How hard was it to predict that bad trouble would follow if he allowed gross misconduct to go un-hindered in such a high profile case? People will say that this case is not especially un-usual in DurhamJustice. OK, I understand that but didn't he</I> [Judge Smith] <I>notice the camera trucks, the Fox News gang,or even the formidable K C Johnson standing there taking notes? </I><BR/><BR/>This has constantly amazed me since the first hearing on TV last summer. After reading on message boards prior to the first first setting what a wonderful moral fine Judge Stephens and he turns out to be either a complete moron who can not control his courtroom or just plain corrupt. Then Judge Titus is no better and issues a gag order to try to stop the 60 Minutes segment. Finally Judge Smith become the third NC Judge to sleep during this case. <BR/><BR/>As you say, how in the world can these guys not know their every move will be under a microscope? They seem so afraid of the DA's scheduling power, particularly the two Durham judges, that it is as if NC trials do not have judged but ADAs on the bench.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-48018011590415650812007-03-01T23:12:00.000-05:002007-03-01T23:12:00.000-05:00Walter Cronanty,12:26 here.. thanks for investigat...Walter Cronanty,<BR/>12:26 here.. thanks for investigating the question about Nifong's criminal vulnerabilities. KC would love to hear your thougths too. Has Nifong commited acts that could make him vulnerable to criminal prosectution? I can see disbarment, and civil suit liability, but inquiring minds wonder if he currently risks a legal situation where he could go to jail?<BR/>Durham Lib DemAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-46098369681131862382007-03-01T21:37:00.000-05:002007-03-01T21:37:00.000-05:003:45 said: "A prosecutor's duty to turn over excul...3:45 said: "A prosecutor's duty to turn over exculpatory evidence has never included a duty to send an executive summary of exculpatory high points with each box of discovery. Rather the defendant's lawyers have to pick out the exculpatory evidence on their own. I think Mike's lawyers are arguing that this is the same situation."<BR/><BR/>Even though they are not required to summarize and highlight, if they happen to produce a summarry and highlights for their own benefit, aren't they supposed to be included in discovery as well? Wouldn't so much as a hand written note describing the test results fall under the discovery law? <BR/><BR/>7:22 said: "I remain skeptical, and will until this case is history. Nifong is an elected Liberal Democrat in a Liberal Democratic state with a Liberal Democratic governor and (supposition, based on general recent trends) a Liberal Democratic BAR."<BR/><BR/>That's good news. If the Dems are so firmly entrenched, then they have nothing to fear from any hay that a Republican could make over this horrendous appointment. They can disbar him and raise a flag and hail "Victory!" and paint themselves as guardians of the people.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-72467843863729723892007-03-01T20:33:00.000-05:002007-03-01T20:33:00.000-05:00"Threatening a witness is a crime in North Carolin...<I>"Threatening a witness is a crime in North Carolina. If you receive a threat from the defendant or anyone else, call the police or contact the prosecutor or the Victim Witness Assistant in the District Attorney's office."</I><BR/><BR/>So where does this leave the pot bangers and the Black Panthers?<BR/>In Australia threats of harm carry sentences of between five and ten years.Greg Allanhttps://www.blogger.com/profile/04345502997844244773noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-5851220184181773292007-03-01T18:32:00.000-05:002007-03-01T18:32:00.000-05:00I remain mystified by the question of what Judge S...I remain mystified by the question of what Judge Smith was thinking around the time of the December hearing. He has not uttered a public word of disapproval regarding Nifongs conduct of this case and surely he could see it as plainly as any outside observer. Did he think it didn't matter enough to exert sanctions against it? I mean, a felony was committed right there in his court-room and he did not seem to care. And now, as his "reward" Nifong is invoking that as a kind of validation of his stupid, evil choices. How hard was it to predict that bad trouble would follow if he allowed gross misconduct to go un-hindered in such a high profile case? People will say that this case is not especially un-usual in DurhamJustice. OK, I understand that but didn't he notice the camera trucks, the Fox News gang,or even the formidable K C Johnson standing there taking notes?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-40284770968338263582007-03-01T17:35:00.000-05:002007-03-01T17:35:00.000-05:00It is amazing that Nifong notes his twenty-seven y...It is amazing that Nifong notes his twenty-seven year career as a prosecutor, during which he has never been accused of withholding evidence, and then demands that he be given the benefit of the doubt. After all - since he had gone twenty-seven without withholding evidence (or without having been caught in doing so) why would he now behave differently?<BR/><BR/>What a laugh! The answer is clear - for the first time in twenty-seven years, Nifong was presiding over a case that could determine whether he would win... or lose... an election. And this was an election that he could not afford to lose.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-10638450779680303242007-03-01T17:24:00.000-05:002007-03-01T17:24:00.000-05:00In Nifong's memorandum of law it states;"Statement...In Nifong's memorandum of law it states;<BR/>"Statements made between March 27, 2006 and April 3, 2006 were made at a time when no individual suspects had been identified..."<BR/><BR/>That's a lie!<BR/><BR/>There were 46 people identified as suspects. The Duke Lacrosse team, made up of 47 INDIVIDUALS, with INDIVIDUAL names, faces and reputations! Except for the one black Lacrosse player,EACH and EVERY member of that team was a suspect according to Nifong! That was known from day one, March 14th!<BR/><BR/>Nifong's condom statement was also an attempt to justify maintaining the inclusion of the Lacrosse players as suspects when the DNA did not match!<BR/><BR/>Regarding the DNA omission, Nifong's memorandum of law states;<BR/>"...unless the omission deprived the defendant of a fair trial..."<BR/>Luckily the defendant's lawyers found the exculpatory evidence before the case went to trial, but what was Nifong's intent? Doesn't that count for something? He didn't INTEND for them to find it or he would have made it very clear to the defendants, their lawyers and the media that there was the presence of DNA from 5-7 other males! <BR/><BR/>Nifong exhibited prosecutor brutality. He assaulted these boys with "force likely to produce great emotional injury" which should be punishable by the same laws that protect citizens against police brutality.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1111403135498602202007-03-01T17:20:00.000-05:002007-03-01T17:20:00.000-05:00I've seen it a zillion times. People with limited ...I've seen it a zillion times. People with limited capability whoare able to build small fiefdoms because no one cares. They become an empire to themselves and lose touch with the larger world. When they are required to account for their actions back in the real world they no longer have(or never had) the ability effectively communicate. "Because I said so" just isn't persuaive with people outside of the small pond. Nifong reminds me of a 3 year old who really believes he his invisible, all because his parents didn't have the heart to tell him he missed the potty again.<BR/><BR/>Nifong you aren't invisible and the whole world is becoming aware of what a truly large mess you have made.<BR/>Even most of the political hack sucker fish will start peeling off Mr. Nifong.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-36756241132706288722007-03-01T15:41:00.000-05:002007-03-01T15:41:00.000-05:00Re: Nifong's defense "didn't mean to heighten publ...Re: Nifong's defense "didn't mean to heighten public condemnation of accused"<BR/><BR/>Anyone else see the movie review for Black Snake Moan? <BR/>"It wouldn't mind turning you into an honorary member of the Duke lacrosse team. If you resist and remain a sober and solid citizen (and you will out of will or simple maturity), it's certainly not the movie's fault."<BR/><BR/>Public condemnation shows no sign of abating, and will continue regardless of case disposition. People like this reviewer will continue to feel free to make the egregious error of applying a worn stereotype to living, breathing individuals thanks to Nifong's efforts. Sadly, the ample quantities of non-lacrosse DNA and the prosecutor being charged with ethics violations have not stopped the flow of condemnation. What will? <BR/><BR/>On the other hand - there was an accurate characterization of Crystal: <BR/>"a combination of moral sloth, psychological malady and gynecological condition requiring immediate attention." <BR/>But HER name was not mentioned.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-31445689466716477182007-03-01T15:17:00.000-05:002007-03-01T15:17:00.000-05:00JLS says....,re: ex-prosecutor, anon 11:11 and oth...JLS says....,<BR/><BR/>re: ex-prosecutor, anon 11:11 and others. <BR/><BR/>Well before Gotlieb had any reason to worry this case was coming apart and thus well before he had any reason to start making things up, Gottlieb wrote to start the 4 April 2006 photo session:<BR/><BR/><I>"3/31/2006 1223<BR/>Investigator HIman and I met with Durham Co. DA Michael Nifong in reference to doing a photographic line up with the new mug shot style photographs obtained during the Non-Testimonial Order procedures conducted on March 23, 2006 at the Durham Police Forensics Unit. <B>Mr. Nifong suggested we put together the mug shot type photographs into a group</B> since we are under the impression the players at the party were members of the Duke Lacrosse Team .....</I><BR/><BR/>He further goes on and sets out how they are tying to evade the rules on lineups by claiming to ask Mangum if each person was at the party and what they were doing. But that is not as important to my point here that before Gottlieb had any reason to worry about any risk to him personally, he creditted or blamed as you like, Nifong with "suggesting" how to do the photo array.<BR/><BR/>Finally here is a link to the transcript. I can not cut and paste from it so sorry for any typos, but you can read what Gottlieb wrote here:<BR/><BR/><A HREF="http://www.wral.com/news/local/flash/1086698/" REL="nofollow">I quoted from the first paragraph</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-91179761844605702102007-03-01T15:14:00.000-05:002007-03-01T15:14:00.000-05:00For what it's worth:Did you see the headline in th...For what it's worth:<BR/><BR/>Did you see the headline in this morning's N&O? It was, "Nifong says he meant no harm"<BR/><BR/>I immediately thought of the old M&M's commercial where the gamblers are sitting around the table, and one of them says, "These cards are marked --They're a mess, a chocolate mess!" They pull their guns, and suddenly the bartender interjects, "Easy boys, the dirty dealer meant no harm!"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-87328506696251870932007-03-01T14:44:00.000-05:002007-03-01T14:44:00.000-05:00While Mr. Nifong may engage in the self-serving pr...While Mr. Nifong may engage in the self-serving practice of blaming everyone except himself for his woes (which will continue into the foreseeable future in my estimation), and may rail against "outsiders" who are stirring the pot, I would insist that injustice for anyone is injustice to be fought by EVERYONE and last time I looked, that was the American way of doing things.<BR/><BR/>And Mr. Nifong, you may shortly find "outsiders" (as in the FBI) hauling your happy butt off to a <BR/>6 X 8 accommodation for an appreciable passage of time - and it will be well deserved.Gayle Millerhttps://www.blogger.com/profile/09223914127626675167noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-44981116176780553882007-03-01T14:38:00.000-05:002007-03-01T14:38:00.000-05:00Didn't the meeting with DNA lab take place a long ...Didn't the meeting with DNA lab take place a long way from Durham? Car logs, expense accounts, Nifong signing the release/contract for payment. something had to be documented somewhere. I would encourage everyone to do their best to let Gottlieb, Himan, etc realize that nifong is using them. I guess they are too stupid to know. why else wouldn't they already have a lawyer and an imunity deal. This is going to cost big bucks. the fallout will be whether it was gottlieb or the police.The Dudehttps://www.blogger.com/profile/07417776000068927222noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-28578206267508448822007-03-01T14:17:00.000-05:002007-03-01T14:17:00.000-05:00Ok, he is a proven liar, master of dirty tricks, a...Ok, he is a proven liar, master of dirty tricks, and ruthless opportunists.<BR/>Too bad there isn't a job for people who uniquely possess these fine characteristics:-)<BR/><BR/>Seriously, he will make a great congressman along with "Freezer" Jefferson, John Murtha (videotaped when he took bribes from FBI informant) and Alcee Hastings (corrupt judge, removed from office by congress).<BR/><BR/>www.mikenifong2008.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-26985143014115008652007-03-01T13:49:00.000-05:002007-03-01T13:49:00.000-05:00On the most serious charge, conspiracy to withhold...On the most serious charge, conspiracy to withhold DNA results:<BR/><BR/>Nifong claims that he didn't need to provide complete results in the report since he knew that defendants would receive the underlying data through the discovery process. The underlying data was contained in the 1800+ pages of discovery material turned over to defendants. Didn't Nifong OPPOSE defendants' motion to compel production of those 1800 pages (going so far as to call the request a "witch hunt list" in open court)? If Nifong had succeeded in having defendants' motion quashed, they never would have received even the underlying data! So Nifong is saying that he knew he didn't need to include the full results in the report, because he knew that eventually there would be a motion to compel production of the underlying data, which motion he planned to strenously oppose, but he knew that the court would rule against him anyway. In this regard, Nifong's defense is crazy. It is such a poor argument that even if it were factually true his behavior would still be unethical.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-70133344241242188562007-03-01T13:34:00.000-05:002007-03-01T13:34:00.000-05:00re: 1:17[Certainly it is hard to imagine that thre...re: 1:17<BR/><BR/>[Certainly it is hard to imagine that three Durham employees were in Alamance county one day without some kind of paper trail. That is not including Meehan's appointment logs.]<BR/><BR/>I would expect a place that does lab analysis for criminal cases would have video cameras operating in the lobby and other areas and that they would keep them around for a while.<BR/><BR/>And that the building where Nifong works would have cameras too. Hopefully a shot of the officers coming to pick Nifong up is sitting around somewhere.<BR/><BR/>There might even be some CNN or other network footage of the three heading out of the building to the police car for the ride.<BR/><BR/>And of course, there are the workers in Nifong's office that could be asked to testify if he left that day escorted by the officers in question, how long he was gone, etc.<BR/><BR/>Was there a receptionist at the lab that day that can identifiy him? Did he sign the log book? Many places of business require keycard access to travel around a building (sometimes even to go to the bathroom) and may require an escort. At a minimum, you'd need to sign out a visitors badge.<BR/><BR/>I would assume some phone calls before the meeting between the officers, Nifong and Dr. Meehan which there should be a record of.<BR/><BR/>The problem with calling everyone a liar over a meeting like this is that you don't know where a record might show up. You might have driven by a supermarket with outside security cameras that have you on tape.<BR/><BR/>If you made a call while you were at his office, there should be a relative record of where you were when you made the call.Michaelhttps://www.blogger.com/profile/11381497683202091939noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-42837419515606688952007-03-01T13:31:00.000-05:002007-03-01T13:31:00.000-05:00Where is the Got'Ya? I am just not very happy with...Where is the Got'Ya?<BR/><BR/> I am just not very happy with how these interrelated and interdependent groups of people in Durham are behaving recently. <BR/><BR/> The town members of the Pot-Bangers group are not saying much as is the case with the G88 and the Angry Studies students.<BR/><BR/>I just can't buy the theory that Got'Ya groups are sitting somewhere silently ...licking their wounds.<BR/><BR/>Also, we have an 18 year old on campus alleging that she was raped in a house owned by an alumnus at some ridiculous hour of the morning by a black guy who is out on bail with an attorney.<BR/><BR/>I haven't heard a peep about that case.<BR/><BR/>The Women’s Center and The Take Back The Night group are positively mute about an 18 year old women attending an all night party with strangers …off campus which is high risk behavior according to the Sexual Assault Support Services crew. <BR/><BR/>There are just way too many groups of people bumping into themselves …silently.<BR/><BR/>All of these groups of people came together last March like the planned invasion of Normandy yet they now practice Brrr Rabbit and… lie low and practice quietude. <BR/><BR/>They all have adopted Got'Ya as their primary strategy. Every the group that showed up in the courthouse with death threats. <BR/><BR/>What is the next planned.... Got’Ya and where are they going to drop it?Gary Packwoodhttps://www.blogger.com/profile/05177986821224068759noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-34387158135762923322007-03-01T13:17:00.000-05:002007-03-01T13:17:00.000-05:00JLS says....re: anon 9:40Certainly it is hard to i...JLS says....<BR/><BR/>re: anon 9:40<BR/><BR/>Certainly it is hard to imagine that three Durham employees were in Alamance county one day without some kind of paper trail. That is not including Meehan's appointment logs. <BR/><BR/>That made this the most shocking part of the filing to me. Did Nifong lie transparently? Did Nifong destroy evidence in the log of his daily where abouts? If Mehan, Gottlieb and Himan can be shown to have met and all say Nifong was there can there be any doubt he was, unless he can show he was elsewhere? This particular evidentuary issue will be interesting to follow.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-55894563928803361292007-03-01T12:55:00.000-05:002007-03-01T12:55:00.000-05:00You can almost hear the huge sigh of relief from t...You can almost hear the huge sigh of relief from the Gang of 88 when they check KCs website and find another day of focus on Nifong.<BR/><BR/>"Thank goodness that copperhead outside agitator has turned his focus away from us, let's hope it stays that way."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-51660608474353074722007-03-01T12:38:00.000-05:002007-03-01T12:38:00.000-05:00I always thought the old saying's third option ( w...I always thought the old saying's third option ( when the law and the facts are against you ) was "pound on the table." Seems to me that is a little bit of what Mikey is doing with the various "furneners meddling in NC bidness" stuff.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-22660518909444000962007-03-01T12:06:00.000-05:002007-03-01T12:06:00.000-05:00Great work, KC. I hope your book sells millions an...Great work, KC. I hope your book sells millions and you become THE authority on this type of case. Some notes/comments, as I could add nothing new.<BR/><BR/>Nifong becoming the "lead investigator" was well vetted on your site and should be in you archives for substantiation. Regardless he took advantage. He never denied being in charge. He chose "not to' speak with V, witnesses, etc.. The prosecutor is liable for all the misdeeds of the State. <BR/><BR/>Nifong has now cast aspertion on gottlieb, et al. Does anyone think they are going to sit there and take one for him? Wait until Gottlieb explains how nifong made him "make up" the notes. It has to be forthcoming. nifong's answer(s) don't even make sense. I think he is buying time and hoping the dismissal of charges clears him of "some of the mISCONDUCT'. <BR/><BR/>Whether he is liable doesn't have that much to do with being the lead Inv. It seems the bar/courts have decided that the misconduct has risen to the level of CRIMINAL CONDUCT. That would make him liable as a prosecutor. hard to prove but i think there is "plenty". wait until the others line up to splill their guts. Nifong is one stupid person.The Dudehttps://www.blogger.com/profile/07417776000068927222noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1853686303473976442007-03-01T11:42:00.000-05:002007-03-01T11:42:00.000-05:00from a non-lawyer/retired professor: I have a com...from a non-lawyer/retired professor: I have a comment / question regarding Bill Anderson's post at 1118 AM. Can Meehan, Himan, and Gottlieb be required to testify (or be deposed) for the state bar hearing? Does the state bar have subpoena power?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-89501202323812807312007-03-01T11:40:00.000-05:002007-03-01T11:40:00.000-05:00......"and if the opposition repels your attack, a........."and if the opposition repels your attack, attack yourself!"<BR/><BR/>He's done, the only person that doesn't know it is himAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-82498447702734549332007-03-01T11:34:00.000-05:002007-03-01T11:34:00.000-05:00ah, the famous "spaghetti" defense...throw every p...ah, the famous "spaghetti" defense...throw every possible thing up against the wall and hope something sticks. the outcome is still garbage.Anonymousnoreply@blogger.com